North Carolina Criminal Records

North Carolina criminal records is a collective term used to refer to all official documentation that details a person's interactions with the state's criminal justice system. These include arrest records, indictments, case dispositions, sentencing information, and incarceration records. The North Carolina State Bureau of Investigation (SBI) is the central repository for criminal information in North Carolina and makes this information available to interested parties upon request. According to recentcrimestatistics collated by the SBI, the state has a violent crime rate of about 412.8 per 100,000, with a total index crime rate of about 2,589.7 per 100,000 population.

Note that even though the SBI serves as the central repository for statewide criminal history data, several other agencies also maintain criminal record databases. These include local law enforcement (police departments and sheriff's offices), the North Carolina Judicial Branch, and the North Carolina Department of Adult Correction.

Are Criminal Records Public in North Carolina?

North Carolina criminal records are considered public under the state's Public Records Law (as outlined in Chapter 132 of the North Carolina General Statutes), meaning that they may be viewed and copied by anyone. However, there are certain restrictions to this public access. For instance, juvenile records, records of ongoing/active criminal investigations, and expunged records are considered confidential and may only be accessed by authorized entities.

How To Look Up Criminal Records in North Carolina?

You may obtain a copy of your criminal record for personal review by requesting a fingerprint-based criminal history background check through the North Carolina State Bureau of Investigation (SBI). You will need to complete and submit a Right to Review Application Form, along with a legible set of your fingerprints (obtained at a local law enforcement agency on a FD-258 Applicant Fingerprint Card), and a $14 fee (per request) to the SBI at:

Note that all submissions must be made via U.S. mail; the bureau does not accept personal deliveries. Fees must also be in the form of a certified check or money order made payable to the NC State Bureau of Investigation, and the check or money order should not be endorsed on the back. Background check requests are typically processed and delivered (via USPS) within 7 - 20 business days. You may check the status of your request by contacting the SBI at (919) 582-8660 or via email.

You may also obtain certified criminal records in North Carolina through the North Carolina Judicial Branch by submitting a Request for Certified Criminal Record Search (Form AOC-CR-314) to a local clerk of a superior court's office. You will be charged a $25 fee per request, which may be paid via credit card, cash, money order, or certified check (cash and credit card options are only available for requests submitted in person). Note that court-based criminal record searches are county-specific, meaning that the search will be limited to court records for the county where you submit the request.

How To Search North Carolina Arrest Records?

Arrest records in North Carolina are created when a person suspected of committing a crime is taken into custody by a law enforcement agency, such as a local police department, county sheriff's office, or the North Carolina State Highway Patrol. These records document the circumstances and details of the arrest and typically include information like:

• The full name, date of birth, and physical description of the person arrested
• The date, time, and location of the arrest
• The arresting agency and the name/badge number of the arresting officer(s)
• The charges filed against the arrestee
• Booking details, such as fingerprints, mugshots, and a booking number
• Bail amount (if applicable) and conditions for release
• The person's scheduled court appearance date (if applicable)

You can typically access North Carolina arrest records by submitting an official records request to the agency that handled the arrest. While some agencies provide online portals for submitting these requests, others may require in-person or mail-in submissions. Some county sheriff's offices also offer free access to online platforms that may be used to access arrest records for their respective jurisdictions. 

How To Search North Carolina Warrants?

Warrants in North Carolina are judicial orders that authorize law enforcement to perform specific actions, such as an arrest or a premises search. These warrants are typically issued by superior court and court of appeals judges, as well as justices of the state's Supreme Court, but may also be issued by district court judges, superior court clerks, and magistrates in certain situations. The most common types of warrants issued in North Carolina are:

• Arrest Warrants: These authorize the arrest of a person suspected of committing a crime. These warrants typically remain active until the person is arrested or the warrant is revoked by the issuing court.
• Search Warrants: These permit law enforcement to carry out a search of premises/location for evidence linked to a specific crime. Search warrants must be executed within 48 hours.
• Bench Warrants: These are issued when a person fails to comply with court orders. These types of warrants also remain active indefinitely until the court resolves the issue or recalls the warrant.

While North Carolina maintains a Statewide Warrant Repository, access to this system is generally limited to law enforcement and court officials. Nevertheless, you may still access information on active warrants in North Carolina through other options. These include contacting the sheriff's office, police department, or courthouse in the county where the warrant was issued. Some counties also offer online tools that may be used to search for warrant information.

Can I Obtain a North Carolina Criminal History Record of Another Person?

The North Carolina State Bureau of Investigation does not handle requests for criminal history record information from private, third-party requesters. Nevertheless, you may obtain certified copies of another person's criminal records by submitting a Request for Certified Criminal Record Search (Form AOC-CR-314), along with a $25 fee, to a county clerk of a superior court's office. Note that records obtained via this method are limited to the specific county where the request is submitted

You may also access non-certified copies of another person's criminal records at no cost by utilizing the self-service public access computers available in the clerk's office at courthouses across the state. Be aware that printing fees may apply.

Other options for accessing criminal records on another person include:

• The North Carolina State Sex Offender Registry - This can be used to access information on registered sex offenders.
• The North Carolina Department of Adult Correction's Offender Public Information portal - this offers information on individuals who have served state prison sentences and those who are currently or have been on parole.

How To Expunge or Seal North Carolina Criminal Records

North Carolina offers individuals with criminal records the option of an "expunction", which is a legal process that removes a criminal conviction or charge from the person's record and ensures that the state's records of the arrest, charge, or conviction are sealed or destroyed. Individuals with expunged records can legally deny the occurrence of the arrest, charge, or conviction in question. However, it should be noted that expunction does not always lead to the complete destruction of the record, and expunged records may still be accessed by certain entities, including law enforcement and prosecutor's offices.

Per the state's expunction laws (outlined in Chapter 15A, Article 5 of the North Carolina Statutes), several types of records may be expunged, ranging from dismissed and not guilty charges to juvenile offenses and non-violent felonies. However, certain offenses are exempt from this process, including:

• Class A - G felonies
• Class A1 misdemeanors
• Offenses requiring registration as a sex offender
• Felonies where a commercial motor vehicle was used in the commission of the offense
• Stalking offenses

To expunge your records in North Carolina, you must first determine the applicable expunction statute(s), your eligibility, and when you can apply for expunction. In some cases, you may be able to file for expunction almost immediately (such as for dismissed charges), while other times, you may need to wait out a stipulated period before applying. Likewise, some statutes allow for the expunction of multiple charges/convictions at the same time, while others limit the number or type of records that may be expunged. In situations where you are eligible for more than one type of expunction, it is advisable to consult an attorney to ensure that you select the best available option.

Once you have determined your eligibility, the next step is filing a petition for expunction with the clerk of court in the county where you were charged or convicted (necessary forms are available on the North Carolina Judicial Branch's official website). It is usually a good idea to obtain a copy of your criminal history record information from the SBI before doing this to get a clear idea of all your charges and/or convictions.

The exact expunction procedure varies by location but typically involves a review of the petition (which may involve a court hearing to determine if you are of "good character"), after which a judge will either grant or deny the petition.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in North Carolina?

Per the federal Fair Chance Act, federal agencies and contractors are prohibited from asking about an applicant's criminal background until a conditional job offer has been extended. North Carolina also has a similar law restricting employers from asking about criminal history on initial job applications. This law also prohibits the consideration of non-convictions, expunged records, and charges unrelated to the job, delays background checks until after the first job interview, and ensures applicants can explain past convictions and provide evidence of rehabilitation, such as a Certificate of Relief.

Similarly, licensing boards cannot deny applications based solely on criminal history unless the offense directly relates to the profession, and housing providers must comply with federal Fair Housing Act guidelines, which prohibit blanket bans based on criminal records.

Can I Access North Carolina Criminal Records for Free Online?

Several private websites provide access to North Carolina criminal records online, either for free or for a small fee. However, the information on these sites is often unreliable due to inaccuracies, outdated content, or missing details. For the most accurate and up-to-date records, it is recommended that you utilize official sources like the SBI, the state's judicial branch, or reputable third-party platforms that aggregate data from these official sources, such as NorthCarolinaPublicRecords.us.